The procedural component of legal liability

The procedural component of legal liability has been determined and analyzed. It has been proved that, first, legal liability arises only if there are necessary grounds, including the procedural basis; and secondly, the procedure for bringing to legal liability is determined by the norms of procedur...

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Main Authors: L. I. Kalenichenko, D. V. Slynko
Format: Article
Language:Ukrainian
Published: Kharkiv National University of Internal Affairs 2018-12-01
Series:Bulletin of Kharkiv National University of Internal Affairs
Subjects:
Online Access:http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/201
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author L. I. Kalenichenko
D. V. Slynko
author_facet L. I. Kalenichenko
D. V. Slynko
author_sort L. I. Kalenichenko
collection DOAJ
description The procedural component of legal liability has been determined and analyzed. It has been proved that, first, legal liability arises only if there are necessary grounds, including the procedural basis; and secondly, the procedure for bringing to legal liability is determined by the norms of procedural law; thirdly, legal liability is implemented through the law-enforcement activities of the state. It has been substantiated that the fact of the possibility to bring the relevant subject to liability (in private relations) with the help of state agencies affects the awareness of the subject of liability and induces him to voluntarily “take and bear” legal liability. Private liability is realized indirectly through the law-enforcement activity of the state and forms the marginal type of lawful conduct. Attention has been paid to the fact that, unlike public law branches, it is sometimes sufficient to have two grounds (regulatory and factual) in private law branches to bring to justice and to induce legal liability. It has been emphasized that the process of the realization of liability in private law differs from the process of its implementation in public law. However, bringing to liability both in public and in private law is regulated by procedural norms and is implemented within the framework of procedural relations that serve as a form of relations of legal liability.
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record_format Article
series Bulletin of Kharkiv National University of Internal Affairs
spelling doaj-art-c5dc497e7fb84b9598b42720c94d0c262025-02-02T03:40:14ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2018-12-01834111810.32631/v.2018.4.01201The procedural component of legal liabilityL. I. Kalenichenko0D. V. Slynko1Kharkiv National University of Internal AffairsKharkiv National University of Internal AffairsThe procedural component of legal liability has been determined and analyzed. It has been proved that, first, legal liability arises only if there are necessary grounds, including the procedural basis; and secondly, the procedure for bringing to legal liability is determined by the norms of procedural law; thirdly, legal liability is implemented through the law-enforcement activities of the state. It has been substantiated that the fact of the possibility to bring the relevant subject to liability (in private relations) with the help of state agencies affects the awareness of the subject of liability and induces him to voluntarily “take and bear” legal liability. Private liability is realized indirectly through the law-enforcement activity of the state and forms the marginal type of lawful conduct. Attention has been paid to the fact that, unlike public law branches, it is sometimes sufficient to have two grounds (regulatory and factual) in private law branches to bring to justice and to induce legal liability. It has been emphasized that the process of the realization of liability in private law differs from the process of its implementation in public law. However, bringing to liability both in public and in private law is regulated by procedural norms and is implemented within the framework of procedural relations that serve as a form of relations of legal liability.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/201legal liabilityliabilityprocedural activitylaw-enforcement activityenforcement
spellingShingle L. I. Kalenichenko
D. V. Slynko
The procedural component of legal liability
Bulletin of Kharkiv National University of Internal Affairs
legal liability
liability
procedural activity
law-enforcement activity
enforcement
title The procedural component of legal liability
title_full The procedural component of legal liability
title_fullStr The procedural component of legal liability
title_full_unstemmed The procedural component of legal liability
title_short The procedural component of legal liability
title_sort procedural component of legal liability
topic legal liability
liability
procedural activity
law-enforcement activity
enforcement
url http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/201
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